Chapter 2.20
EMERGENCY SERVICES
Sections:
2.20.010 Intent and scope.
2.20.020 Boundaries.
2.20.030 Cost of services.
2.20.040 Billing.
2.20.050 Failure to pay invoice.
2.20.060 Interest on unpaid balance.
2.20.070 Person responsible for invoice.
2.20.080 Insurance.
2.20.090 Write-offs.
2.20.100 Liens.
2.20.110 Referral of delinquent accounts.
2.20.120 Appeals.
2.20.130 Notice against interest.
2.20.140 Penalties.
2.20.010 Intent and scope.
A. Pursuant to the laws of the state of Oregon, and the powers granted under the City Charter, the city council finds, declares, and affirms its intent to provide emergency police, fire, rescue and medical services to the residents of Dundee, the ambulance service area, the Dundee rural fire protection district, and such written mutual aid agreements as may exist.
B. It is the city’s intent to offer all or some function (management services, billing services, equipment use, etc.) of rescue and/or emergency medical services to persons and agencies outside the city limits.
C. It is the city’s intent to recover as much of the cost of services to nonresidents of Dundee as allowed by state law and under this chapter. The fees and charges under this chapter are not included in the definition of taxes prescribed under Section X, Article X of the Oregon Constitution. [Ord. 408-2002 § 1; Ord. 364 § 1, 1999].
2.20.020 Boundaries.
A. Fire Services. Fire services in emergency and nonemergency situations will be provided within the boundaries of the Dundee rural fire protection district for so long as an intergovernmental agreement exists between the city and rural district. Agreements for services to other agencies may be entered into by the city council. The area of such fire services shall be described in each such agreement.
B. Rescue Services. The city may provide rescue services within the boundaries of the Dundee rural fire protection district for so long as an agreement exists between the city and the rural district. Agreements for services to other agencies may be entered into by the city council. The area of such rescue services shall be described in each such agreement.
C. Emergency Medical Services. The city may provide either of the following levels of life support within the Dundee ambulance service area (ASA). The ASA shall be approved by the Yamhill County board of commissioners. The city may assign either of the following life support functions to another agency through an intergovernmental agreement:
1. Basic life support.
2. Advanced life support.
D. Police Services. The city shall provide all emergency and nonemergency police services within the city limits except when called upon by another police agency to render aid in an emergency situation outside the city limits. [Ord. 364 § 2, 1999].
2.20.030 Cost of services.
The city will determine its cost by either using rates and charges prescribed under state laws and rules or by a cost of service study. The costs determined applicable by the city for any specific emergency or nonemergency situation will be charged to the person requesting such services. Initial response costs shall be divided equally among the persons involved in a single emergency call. The costs for additional services will be billed according to allocation of resources. Cost of services shall include all personnel and equipment time; materials; medications; administrative costs; depreciated costs of buildings and equipment; dispatch costs; and all other appropriate costs directly or indirectly related to a specific type of emergency or nonemergency service. Where state-approved rates are not used in the calculation of amounts to be billed, the city shall adopt by resolution a rate and fee schedule for emergency and nonemergency services provided to nonresidents. [Ord. 408-2002 § 1; Ord. 364 § 3, 1999].
2.20.040 Billing.
The city shall bill each emergency and nonemergency call for police, fire, rescue and ambulance services to nonresidents of the city; and in the case of fire, rescue or ambulance services, to nonresidents of the Dundee rural fire protection district. Invoices shall be mailed within 30 days of receipt of an emergency or nonemergency call report from the Dundee fire department. [Ord. 364 § 4, 1999].
2.20.050 Failure to pay invoice.
The city may seek all legal remedy to collect any and all amount owed to it as a result of providing emergency and nonemergency services to nonresidents. Remedies allowed under state laws include action in the appropriate court, the filing of liens against real or personal property, and the garnishment of wages upon decision of the appropriate court. [Ord. 408-2002 § 1; Ord. 364 § 5, 1999].
2.20.060 Interest on unpaid balance.
The city shall assess a late charge of three-fourths percent for each month an invoice is delinquent. An invoice shall be deemed delinquent if not paid within 30 days of mailing date. [Ord. 364 § 6, 1999].
2.20.070 Person responsible for invoice.
To the extent reasonably possible, the person requesting or receiving emergency services shall be responsible for paying all fees and charges assessed by the city. However, the city reserves the right to directly bill the involved operator and/or the registered owner. Responsibility for the underlying accident has no bearing on the legal duty of the person(s) billed to make full and timely payment. [Ord. 408-2002 § 1; Ord. 364 § 7, 1999].
2.20.080 Insurance.
The city will accept direct assignment of payment by an insurance company of all fees and charges assessed by the city. The failure of a person responsible for payment of an invoice under DMC 2.20.070 to pay said fees and charges after assignment of an insurance company check to them shall be prima facie evidence of violation of this chapter. All deductibles, exceptions or exclusions in insurance policies which apply in each billing for emergency and nonemergency situations shall become the payment responsibility of the person billed under DMC 2.20.070. [Ord. 408-2002 § 1; Ord. 364 § 8, 1999].
2.20.090 Write-offs.
All uncollectible amounts shall be shown at least once annually on a bills list or in resolution form for write off by the city council. Any person who has an uncollectible invoice who requests utility services from the city shall pay all uncollected amounts before receiving utility services. [Ord. 364 § 9, 1999].
2.20.100 Liens.
The city may file the appropriate liens against personal or real property involved in an emergency or nonemergency response by city personnel. The cost of filing such liens shall be added to the amount billed for emergency or nonemergency services. [Ord. 364 § 10, 1999].
2.20.110 Referral of delinquent accounts.
The city may refer accounts which are 90 days delinquent to a collection agency. [Ord. 364 § 11, 1999].
2.20.120 Appeals.
A person invoiced for emergency or nonemergency services may appeal in writing to the city council within 30 days of receiving an invoice. The basis for such appeal shall contain a written explanation of why said person should not be charged for part or all of the pending charges and fees. Fees set by state statute or state administrative rules may not be appealed; however, their application in a specific instance may be disputed by the person receiving the invoice. [Ord. 364 § 12, 1999].
2.20.130 Notice against interest.
The personal representative or the estate of a person requesting or receiving emergency or nonemergency services from the city shall have a fiduciary responsibility to satisfy all outstanding amounts owed to the city in an expeditious manner. Notice to the estate or personal representative shall be the same as giving notice to the person requesting or receiving emergency or nonemergency city services. [Ord. 364 § 13, 1999].
2.20.140 Penalties.
A person found guilty in Dundee municipal court of violating a provision of this chapter shall pay a fine of not less than $250.00. A person found guilty of violating this chapter in another court of competent jurisdiction shall be subjected to the judgment of that court. [Ord. 364 § 14, 1999].